Nicobarese oppose proposal for three wildlife sanctuaries

The Tribal Council of Great Nicobar and Little Nicobar Islands has formally opposed three proposed wildlife sanctuaries — a Leatherback Turtle Sanctuary on L...

What Happened

The Tribal Council of Great Nicobar and Little Nicobar Islands has formally opposed three proposed wildlife sanctuaries — a Leatherback Turtle Sanctuary on Little Nicobar Island, a Coral Sanctuary on Meroe Island, and a Megapode Sanctuary on Menchal Island — on the grounds that indigenous communities were not consulted before the declarations.
The three sanctuaries together cover 13.75 sq km on Little Nicobar and the entirety of Meroe and Menchal islands (2.73 sq km combined).
The Andaman and Nicobar administration issued public notices in May 2022 and subsequently official notifications; however, notices were displayed at offices on Great Nicobar, not on Little Nicobar where affected communities actually reside.
The Tribal Council states that Menchal and Meroe islands are resource islands used by the southern Nicobarese for generations — with coconut plantations and sacred customary prohibitions against hunting — and have designated caretakers for sustainable use.
The sanctuary proposals are linked to compensatory conservation requirements arising from a large infrastructure development project in the Nicobar region.

Static Topic Bridges

Forest Rights Act 2006 (FRA): Individual, Community Rights, and Gram Sabha Authority

The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, commonly called the Forest Rights Act (FRA), was enacted to undo the "historical injustice" done to forest-dwelling communities by vesting in them rights that were alienated during the colonial period and after. The Act recognises two categories of rights: Individual Forest Rights (IFR) covering homestead, cultivation, and minor forest produce; and Community Forest Rights (CFR) covering community lands within the traditional or customary boundaries of the village — including areas within Sanctuaries and National Parks to which the community had traditional access.

The Gram Sabha is the primary authority to initiate, receive, and verify claims for both IFR and CFR under the FRA.
Section 4(2) of the FRA: Resettlement from a protected area for wildlife conservation can only occur after demonstrating scientific necessity, exhausting alternatives through public consultation, and obtaining the free consent of the local community.
Community Forest Resource Management (CFRM) rights include the right to protect, regenerate, conserve, and manage community forest resources.
FRA Section 5 casts a duty on Gram Sabha and rights-holders to conserve biodiversity, wildlife, forests, and ecologically sensitive areas — integrating conservation with rights.

Connection to this news: The Tribal Council's opposition is grounded in FRA principles — sanctuary declaration without Gram Sabha consultation and without following the Section 4(2) consent procedure violates the rights-based framework the FRA establishes. The community's customary management of Meroe and Menchal constitutes Community Forest Resource under the Act.

Wildlife Protection Act 1972: Sanctuary Declaration and Collector's Role

The Wildlife Protection Act, 1972 (WPA) is India's principal statute for wildlife and habitat conservation. Section 26A of the WPA empowers the state government to declare a Wildlife Sanctuary by notification in the Official Gazette, after which the Collector is required to determine the rights of individuals within the sanctuary area. Section 35 governs declaration of National Parks, which imposes more stringent restrictions (no rights within a National Park are permissible, while a Sanctuary can accommodate existing rights).

Section 26A (Wildlife Sanctuary): State government declares by notification; Collector must inquire into and settle rights.
Section 33 (Sanctuary Management): Chief Wildlife Warden manages the sanctuary.
Once a sanctuary is declared, the settlement of rights must be completed — failure to settle rights before declaration has been repeatedly challenged in courts.
Schedule I of WPA provides the highest protection to species listed therein — Leatherback sea turtle is listed under Schedule I.
A National Park is more restrictive than a Sanctuary — no rights may exist inside a National Park after its declaration.

Connection to this news: The sanctuary declarations on Little Nicobar, Meroe, and Menchal followed the WPA notification route without the Collector-led rights settlement process being completed with community participation, which runs afoul of the procedural requirements under WPA read with FRA.

Free, Prior and Informed Consent (FPIC) is an international standard under the UN Declaration on the Rights of Indigenous Peoples (UNDRIP, 2007) and the ILO Convention 169. It requires that any decision affecting indigenous communities must be preceded by consultation that is free (no coercion), prior (before decisions are taken), and informed (full disclosure of impacts). India has adopted FPIC principles domestically through the FRA's Gram Sabha consent requirements and PESA (Panchayats Extension to Scheduled Areas Act, 1996) for Fifth Schedule areas.

The Andaman and Nicobar Islands are governed as a Union Territory — not under the Fifth or Sixth Schedule of the Constitution. Protection for tribes here derives from the Andaman and Nicobar (Protection of Aboriginal Tribes) Regulation, 1956, which designates tribal reserves. The Shompen are classified as a Particularly Vulnerable Tribal Group (PVTG) with an estimated population of 200–300; the Nicobarese are a Scheduled Tribe. India has 75 PVTGs across 18 states and one Union Territory; PVTGs are eligible for targeted central assistance under the PVTG Development Mission.

UNDRIP (2007): Non-binding but influential; India voted in favour.
PESA 1996: Extends Gram Sabha powers to Fifth Schedule areas — not directly applicable to Andaman & Nicobar (UT under LG administration).
Andaman & Nicobar (Protection of Aboriginal Tribes) Regulation 1956: Designates 853 sq km (~92% of Great Nicobar) as tribal reserve; entry by outsiders requires permission.
5th Schedule (Art. 244(1)): Tribal areas in mainland India — 10 states; Tribes Advisory Council advises Governor.
6th Schedule (Art. 244(2)): Autonomous District Councils in NE India — Assam, Meghalaya, Tripura, Mizoram.
Andaman & Nicobar falls under neither — governed as UT, relying on the 1956 Regulation and FRA.

Connection to this news: The Nicobarese community's case is a textbook FPIC violation — the administration posted notices on a different island, precluding the community from even being informed, let alone consenting. Because the islands are a UT and neither 5th nor 6th Schedule applies, Gram Sabha-based FPIC under FRA remains the strongest domestic legal hook for the tribal council's challenge.

Key Facts & Data

Three sanctuaries proposed: Leatherback Turtle Sanctuary (Little Nicobar, 13.75 sq km); Coral Sanctuary (Meroe Island); Megapode Sanctuary (Menchal Island) — Meroe and Menchal total 2.73 sq km.
WPA 1972, Section 26A: Governs wildlife sanctuary declaration; Collector must settle rights.
WPA 1972, Section 35: Governs National Park declaration — stricter; no rights permissible.
FRA 2006, Section 4(2): Resettlement from PA requires scientific necessity finding, public consultation, and community free consent.
Leatherback sea turtle: Schedule I species under WPA 1972 — highest protection.
Andaman & Nicobar (Protection of Aboriginal Tribes) Regulation 1956: Designates tribal reserves; 853 sq km (~92%) of Great Nicobar is tribal reserve.
Shompen: PVTG, population ~200–300; Nicobarese: Scheduled Tribe.
India has 75 PVTGs; they receive targeted support under the PVTG Development Mission.
UNDRIP adopted 2007: India voted in favour; FPIC is the core standard for indigenous consent.
5th Schedule: 10 mainland states; 6th Schedule: 4 NE states — Andaman & Nicobar covered by neither.